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Final Exam Review: Chapters 4 and 5: Civil Liberties and Civil Rights
Terms in this set (27)
Jim Crow Laws/Voting Barriers
Jim Crow Laws: legal punisments on people for consorting with members of another race
• Literacy Test
• Poll Tax
• White primary
Brown v. Board: what 2 things did this case do?
o Separate schools for black and white students unconstitutional
o Overturned Plessy v. Ferguson
o Ended race-based segregation
o Encouraged people to reconsider opinions about discrimination
Civil Rights Act of 1964: what did this fail to do? What law corrected this problem?
o Did not get rid of voting barriers
o Voting Rights Act of 1965 lifted registration barrier and prohibited literacy tests, and poll taxes.
Significance of Bloody Sunday
o Law enforcement attacked people marching in protest
o News media was present
o Major impact: people thought the police should be protecting them, not beating them to a pulp.
Betty Friedan's impact on the women's movement; what Act did this result in?
o Equal Pay Act of 1963
o Equal voting rights for women
Establishment Clause/Free Exercise Clause
o Establishment clause: national government cannot establish and support a church
o Free exercise clause: can practice any religion of your choice (or no religion)
Lemon Test - Private schools that receive government aid
o Aid has to be non-religious
o Cannot prohibit or advance religion
o Must avoid excessive government entanglement with religion
Engel v. Vitale (1962): what was the case about, what was the Court's decision?
o A teacher would start her class with "Almighty God, we acknowledge our dependence upon thee..."
o Does it violate the establishment clause in the first amendment?: YES
Ten Commandments at the Oklahoma State Capitol
o Argument against: violates the first amendment
o Argument for: embodies American values
o Privately donated to the Oklahoma State Capitol
o Lawsuit was dismissed: monument is privately funded; does not violate the first amendment
Court's stance on teaching evolution in the classroom
o Arguments for: it's a scientific theory
o Arguments against: undermines religious belief that humans were created fully formed
o Court says: can't prohibit it- imposing religious beliefs on students
Oregon v. Smith (1990): Free exercise
o 2 native americans: counselors for a rehabilitation center
o Ingested peyote for religious purposes & fired as a result
o Filed a claim for unemployment but was denied by the government
o A state can deny unemployment benefits to a worker fired for using illegal drugs for religious purposes. An individual's religious beliefs excuse him/her from following valid laws.
Privacy: where is it listed in the Constitution; what are the significant cases dealing with privacy?
o Not specifically listed in the constitution; interpreted through a series of amendments/cases
o Griswold v. Connecticut (1965): Married people couldn't get info on birth control. Griswold did it anyways.
o Roe v. Wade (1973): Abortion laws unconstitutional. Right to privacy allows women to choose
o Lawrence v. Texas (2003): Privacy to act within a personal relationship
Security v. Liberty: understand this debate and the Patriot Act Extension
o When dangers increase, civil liberties decrease
o USA Patriot Act 2001: goal-lift barriers that prevented agencies from communicating
o Lifted restrictions on ways the government can investigate potential terrorists
o Patriot Act extension: 2011
• Signed by Obama
• 4year extension of 3 key points:
• roving wiretaps
• searches of business records; granted ex parte
• conducting surveillance of "lone wolves"-individuals suspected of terrorist-related activities not linked to terrorist groups
Fourth Amendment Rights
o Prohibits unreasonable search/seizure
o Warrants backed by probable cause
Exceptions to privacy
o In plain sight
o Observation of a crime
Exclusionary Rule: Mapp v. Ohio
o Bomb threat called in, police searched home.
o Found porn, was arrested.
o Was released because the evidence was not admissible due to it breaking 4th amendment
Student athlete drug testing
o Low expectation of privacy
o Could harm others
Symbolic speech: be familiar with the three cases discussed in class
o Tinker v. Des Moines (1969): upheld 1st amendment
• Black armbands in school to protest
o Texas v. Johnson (1989): upheld 1st amendment
• American flag burning to protest
o Virginia v. Black (2003): Not protected under 1st amendment
• KKK burning crosses in peoples front yards to intimidate/threaten
Restrictions on speech and the two cases discussed in class
o Cause a clear and present danger
o Remarks that pose a threat to order are restricted
o Brandenburg v. Ohio (1969): speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and/or "likely to incite or produce such action."
• Asking people to join him in a movement
o Snyder v. Phelps (2011)
• Westboro Baptist Church picketed a soldier's funeral
• Family accused the church of defamation, invasion of privacy and the intentional infliction of emotional distress
• Group displayed signs: "Thank God for dead soldiers"
• 1st amendment says it's ok for WBC to do this
Obscenity: how is it defined and what is the problem with this?
o "I know it when I see it!"
1. Average person finds it violates community standards
2. Prurient interest in sex
3. Patently offensive sexual content
4. Lack literary, artistic, political, or scientific merit
o Who is the average person?
o What is community standards?
o What is patently offensive?
o Who decides if it has merit?
Rights of the accused: Gideon v. Wainright, Miranda v. Arizona
o G v. W (1963): Attorney must be made available
• Stolen change from a jukebox
• Gideon goes to jail without an attorney (didn't have the money for an attorney)
o M v. A (1966): Right to remain silent....
• Expectations: public safety
• Miranda kidnapped and raped a woman
• Confessed to the crime, but the police did not read him his Miranda rights
• Miranda was let go because he was not informed of his rights
Death Penalty: arguments for/arguments against
o 8th Amendment: no cruel and unusual punishment
• tortures and executions that prolonged death
o Argument for: deters serious crimes; satisfies a need for justice.
o Arguments against: no real deterrent value; barbaric
Snyder v. Phelps (2011): What was the ruling and the implication of that ruling?
military soldier funeral thing
Prior Restraint: Wikileaks example
o Libel is the use of false, defamatory claims about someone in written or printed form.
o Slander likewise denotes false statements that damage a person's reputation, but it is committed orally or in any other transient form
Don't Ask, Don't Tell: history of the policy, the policy today
o Gays in the military. Just know that the law has been changed
Affirmative Action: understand this term; Regents v. Bakke: implications of this court case
o Deals with universities and racial quotas.
o A man was denied into a school although, others of different races were admitted although they had lower scores than him.
o Affirmative action: allows this to be okay if they are trying to promote racial equality and not just to meet numbers.
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